Whether adverse inference is to be drawn against prosecution if it fails to obtain certain evidence?

No adverse inference can be drawn against the prosecution from the fact that the opinion of the handwriting expert has not been obtained. In fact, an adverse inference against the prosecution can be drawn only if it withhold certain evidence and not merely on accounts of its failure to obtain certain evidence. 

9. Further, an adverse inference against the prosecution can be drawn only if it withholds certain evidence and not merely on account of its failure to obtain certain evidence. When no such evidence has been obtained, it cannot be said what that evidence would have been and therefore no question of presuming that that evidence would have been against the prosecution, under S. 114, illustration (g) of the Evidence Act, can arise.

IN THE HIGH COURT OF ALLAHABAD

Second Appeal No. 64 of 2001

Decided On: 02.07.2018

 Shanti Mishra  Vs. Samuel

Hon'ble Judges/Coram:

Siddhartha Varma, J.

Citation: AIR 2019 ALL 242.
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